Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698932540647.pdf (New Zealand)
Reprint as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 (SR 2011/22) Anand Satyanand, Governor-General Order in Council At Wellington this 28th day of February 2011 Present: His Excellency the Governor-General in Council Pursuant to sections 169, 329(1)(ca), (f), and (g) and (2), and 332 of the Accident Compensation Act 2001, His Excellency the Governor- General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for ACC, makes the following regulations.
Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Labour.
1 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Contents Title Commencement About these regulations What regulations do Calculations underpinning regulations Tax years to which regulations apply Terms used Interpretation Meaning of industry peer group and non-industry peer group Part 1 Experience rating system: qualifying class 1 levy payers Discount Loading No adjustment Applying grouping for this Part Part 2 Experience rating system: qualifying class 2 levy payers Formula for calculating discount, loading, or no adjustment Discount, loading, or no adjustment Industry size modification Industry size modification: when result of calculation must be disregarded Experience rating modification Experience rating modification: when result of calculation must be disregarded Applying grouping for this Part Part 3 Powers needed to make system work Grouping levy payers Attributing information about earnings and claims Disregarding arrangements Using and disclosing information Collecting information Page Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 23 Declaring adverse event Part 4 Transitional provision 24 Minimum liable earnings for tax years in experience period for levy year 2011/12 Schedule Levy risk groups 26 26 27 3 r 1 1 2 3 (1) (2) (3) Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Regulations Title These regulations are the Accident Compensation (Experience Rating) Regulations 2011.
Commencement These regulations come into force on 1 April 2011.

About these regulations What regulations do These regulations provide an experience rating system.

The experience rating system applies to the section 167(4)(a) levy or the self-employed and shareholder-employee levy that the levy payer, ie, an employer, a private domestic worker, a self-employed person, or a shareholder-employee, must pay.
The system provides for the Corporation to adjust the levy up or down, or not to adjust the levy, in line with the qualifying claims accepted for the employer’s current or former employ- ees or the private domestic worker or the self-employed person or the shareholder-employee.

(4) An adjustment under the system is in addition to an upwards or downwards adjustment under section 175.
4 (1) (2) Calculations underpinning regulations The Corporation must make the calculations described in subclauses (3) to (6) to establish the facts to enable it to decide whether to make an adjustment (as described in regu- lation 3(3)) and, if it is to make an adjustment, whether the adjustment is to be up or down.

The Corporation must make the calculations for each levy payer (as described in regulation 3(2)) after the end of the claims activity period.
(2A) The Corporation must, when making calculations involving an employer who is not an accredited employer in the applicable levy year but was an accredited employer for some or all of the experience period,— 4 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 r 5 (a) (b) (c) treat claims accepted by the employer when an ac- credited employer as claims accepted by the Corpor- ation; and treat weekly compensation paid by the employer when an accredited employer as weekly compensation paid by the Corporation; and treat qualifying costs of treatment paid by the employer when an accredited employer as qualifying costs of treatment paid by the Corporation.
The Corporation must calculate the number of qualifying claims in the experience period for which it has paid weekly compensation for the employer’s current or former employees or the private domestic worker or the self-employed person or the shareholder-employee.

For the qualifying claims described in subclause (3), the Cor- poration must calculate the total number of weekly compen- sation days in the claims activity period.
The Corporation must calculate the number of qualifying claims in the experience period involving the death of a current or former employee of the employer or the death of the private domestic worker or the self-employed person or the shareholder-employee.
For qualifying class 2 levy payers, the Corporation must calcu- late the number of qualifying claims in the experience period for which the Corporation has paid an amount greater than $500 in the claims activity period for qualifying costs of treat- ment.

Regulation 4(2A): inserted, on 22 July 2011, by regulation 4(1) of the Ac- cident Compensation (Experience Rating) Amendment Regulations 2011 (SR 2011/213).
Regulation 4(4): substituted, on 22 July 2011, by regulation 4(2) of the Accident Compensation (Experience Rating) Amendment Regulations 2011 (SR 2011/213).
Tax years to which regulations apply These regulations apply to the section 167(4)(a) levies and the self-employed and shareholder-employees levies that are payable for— (a) the tax year starting on 1 April 2011 and ending on 31 March 2012; and 5 (3) (4) (5) (6) 5 r 6 6 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 (b) each subsequent tax year.
Terms used Interpretation In these regulations, unless the context requires another mean- ing,— Act means the Accident Compensation Act 2001 applicable levy year means the levy year to which the Cor- poration is applying these regulations arrangement has the meaning given to it by section YA 1 of the Income Tax Act 2007 claims activity period means the period made up of— (a) (b) the experience period; and the 6 months that— (i) immediately follow the last year of the experi- ence period; and start on 1 April and end with the close of 30 Sep- tember (ii) Corporation means the Accident Compensation Corporation continued by section 259 experience period means the 3 tax years immediately before the levy year before the applicable levy year (except as de- scribed in regulation 24(1)) experience rating modification means the result of applying regulations 15 and 16 industry peer group has the meaning given to it by regula- tion 7 industry size modification means the result of applying regu- lations 13 and 14 levy payer,— (a) in Part 1, means a qualifying class 1 levy payer in the applicable levy year: in Part 2, means a qualifying class 2 levy payer in the applicable levy year: in Part 3, means— (b) (c) 6 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 r 6 (i) (ii) (iii) an employer or private domestic worker or self- employed person who pays, or is liable to pay, a section 167(4)(a) levy; and a self-employed person or shareholder-employee who pays, or is liable to pay, a self-employed and shareholder-employee levy; and an accredited employer levy risk group means a group that— (a) (b) is described in column 1 of the schedule; and consists of the classification units listed opposite it in column 2 of the schedule levy year means the period starting on 1 April and ending on 31 March liable earnings means the sum of the earnings of an em- ployer’s employees up to the maximum earnings for each employee prescribed in the regulations made under section 329(1)(a) that apply to the
 applicable tax year minimum liable earnings means the minimum amount of earnings prescribed in the regulations made under section 329(1)(a) that apply to the applicable tax year, disregarding the fact that the regulations state (if they do) that the minimum amount is applicable only to self-employed persons (except as described in regulation 24(2)) non-industry peer group has the meaning given to it by regu- lation 7 qualifying claim— (a) means a claim that— (i) is made under section 48 for a work-related per- sonal injury suffered in the experience period (except for a work-related personal injury de- scribed in paragraph (b)); and (ii) is accepted by the Corporation; and (b) does not include a claim made for a work-related per- sonal injury suffered in the experience period that is— mental injury suffered by a person in the circum- (i) stances described in section 21; or 7 r 6 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 (ii) (iii) personal injury caused by work-related gradual process, disease, or infection that involves expos- ure to asbestos; or personal injury caused by work-related gradual process, disease, or infection that results in hear- ing loss qualifying class 1 levy payer— (a) means an employer who,— (i) (ii) (iii) in each tax year in the experience period, paid, or was liable to pay, a section 167(4)(a) levy; and in at least 1 of the tax years in the experi- ence period, paid, or was liable to pay, a sec- tion 167(4)(a) levy of less than $10,000; and in each tax year in the experience period, had liable earnings greater than the minimum liable earnings for the tax year: does not include an employer described in paragraph (a) who— (i) is included in a group made under regulation 18 that paid, or was liable to pay, in each tax year in the experience period, a section 167(4)(a) levy of $10,000 or more; or is an accredited employer: (ii) (b) (c) means a private domestic worker who,— (i) (ii) (iii) in each tax
 year in the experience period, paid, or was liable to pay, a section 167(4)(a) levy; and in at least 1 of the tax years in the experience period, paid, or was liable to pay, a section 167(4)(a) levy of less than $10,000; and in each tax year in the experience period, had liable earnings greater than the minimum liable earnings for the tax year: (d) means a self-employed person who,— (i) in each tax year in the experience period, paid, or was liable to pay, either a section 167(4)(a) levy or a self-employed and shareholder-employee levy; and 8 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 r 6 (ii) in each tax year in the experience period, had liable earnings greater than the minimum liable earnings for the tax year: (e) means a shareholder-employee who,— (i) (ii) in each tax year in the experience period, paid, or was liable to pay, a self-employed and share- holder-employee levy; and in each tax year in the experience period, had liable earnings greater than the minimum liable earnings for the tax year qualifying class 2 levy payer— (a) means an employer or private domestic worker who, in each tax year in the experience period,— (i) paid, or was liable to pay, a section 167(4)(a) levy of $10,000 or more; and had liable earnings greater than the minimum li- able earnings for the tax year: (ii) (b) does not include an employer described in paragraph (a) who is an accredited employer: (c) means a group made under regulation 18 that, in each (ii) (iii) tax year in the experience period,— (i) paid, or was liable to pay, a section 167(4)(a) levy of $10,000 or more; and had liable earnings greater than the minimum li- able earnings for the tax year; and for the purposes of the application of Part 2 to it, is treated as if any of the following who are in the group were not in it: a self-employed person; a shareholder-employee who paid, or was liable to pay, a self-employed and shareholder levy; and an accredited employer
 qualifying costs of treatment— (a) means the costs of— (i) (ii) treatment described in clause 2 of Schedule 1 of the Act; and any ancillary services related to treatment de- scribed in clause 3(1) of Schedule 1 of the Act; and (b) does not include the costs of public health acute services 9 r 6 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 section means a section of the Act section 167(4)(a) levy— (a) means the portion of a Work Account levy necessary to provide for the purposes referred to in section 167(4)(a): if a Work Account levy is adjusted under section 175 or an accreditation agreement, means the amount of the portion described in paragraph (a) before the levy is adjusted (b) self-employed and shareholder-employee levy— (a) means the levy payable by self-employed persons and shareholder-employees to purchase and maintain weekly compensation under section 208: if the levy described in paragraph (a) is adjusted under section 175, means the amount of the levy before the levy is adjusted (b) tax year means the period starting on 1 April and ending on 31 March weekly compensation day means a day within a period recorded by the Corporation as the period, or a period, of weekly compensation on a qualifying claim whole group— (a) means the group consisting of— (i) (ii) employers and private domestic workers and self-employed persons who paid, or were liable to pay, a section 167(4)(a) levy in any tax year in the experience period; and self-employed persons and shareholder-employ- ees who paid, or were liable to pay, a self-em- ployed and shareholder-employee levy in any tax year in the experience period; and (b) include an employer described in para- does not graph (a)(i) who is an accredited employer Work Account levy means the levy payable by— (a) (b) (c) Regulation 6 first week of weekly compensation: revoked, on 22 July 2011, by regulation 5(2) of the Accident Compensation (Experience Rating) Amendment Regulations 2011
 (SR 2011/213).
an employer under section 168: a private domestic worker under section 168A: a self-employed person under section 168B.

10 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 r 7 Regulation 6 section 167(4)(a) levy: substituted, on 22 July 2011, by regula- tion 5(3) of the Accident Compensation (Experience Rating) Amendment Regu- lations 2011 (SR 2011/213).
Regulation 6 self-employed and shareholder-employee levy: substituted, on 22 July 2011, by regulation 5(4) of the Accident Compensation (Experience Rating) Amendment Regulations 2011 (SR 2011/213).

Regulation 6 weekly compensation day: substituted, on 22 July 2011, by regulation 5(5) of the Accident Compensation (Experience Rating) Amend- ment Regulations 2011 (SR 2011/213).
Regulation 6 Work Account levy: added, on 22 July 2011, by regulation 5(6) of the Accident Compensation (Experience Rating) Amendment Regulations 2011 (SR 2011/213).

7 (1) (2) (3) Meaning of industry peer group and non-industry peer group Industry peer group means the applicable one of the follow- ing: (a) the medium industry peer group, as described in sub- clause (2): the large industry peer group, as described in subclause (3).
(b) The medium industry peer group consists of levy payers who— (a) (b) are in the same levy risk group; and each have average annual liable earnings of $2 million or less.

The large industry peer group consists of levy payers who— (a) (b) are in the same levy risk group; and each have average annual liable earnings greater than $2 million.
(4) Non-industry peer group means the applicable one of the following: (a) (b) the medium non-industry peer group, as described in subclause (5): the large non-industry peer group, as described in sub- clause (6).

(5) The medium non-industry peer group consists of levy payers who each have average annual liable earnings of $2 million or less.
11 Part 1 r 8 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 (6) (7) The large non-industry peer group consists of levy payers who each have average annual liable earnings greater than $2 mil- lion.

For the purposes of subclauses (2), (3), (5), and (6), the Cor- poration must calculate the average annual liable earnings of a levy payer using the following formula: earnings 3.
(8) In the formula in subclause (7), earnings means the total of the levy payer’s liable earnings in the experience period.

8 (1) (2) 9 (1) (2) Part 1 Experience rating system: qualifying class 1 levy payers Discount This regulation applies if the number the Corporation calcu- lates under regulation 4(3) and (5) for the levy payer is zero.
The Corporation must apply a discount of 10% to the sec- tion 167(4)(a) levy or the self-employed and shareholder-em- ployee levy payable by the levy payer in the applicable levy year.

Loading This regulation applies if— (a) the number the Corporation calculates under regula- tion 4(4) for the levy payer is 71 or more; or the number the Corporation calculates under regula- tion 4(5) for the levy payer is 1 or more.
(b) The Corporation must apply a loading of 10% to the section 167(4)(a) levy or the self-employed and shareholder-em- ployee levy payable by the levy payer in the applicable levy year.
10 (1) No adjustment This regulation applies if— 12 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Part 2 r 12 (a) (b) the number the Corporation calculates under regulation 4(4) for the levy payer is between 1 and 70 (inclusive); and the number the Corporation calculates under regulation 4(5) for the levy payer is zero.
The Corporation must not apply a discount under regulation 8 or a loading under regulation 9 to the section 167(4)(a) levy or the self-employed and shareholder-employee levy payable by the levy payer in the applicable levy year.
Applying grouping for this Part If the Corporation’s exercise of its grouping power in regula- tion 18 makes a group that, if it were an individual, would be a levy payer, the Corporation must— disregard the group; and (a) apply this Part to each levy payer in the group; and (b) invoice each levy payer in the group individually.
(c) Part 2 Experience rating system: qualifying class 2 levy payers Formula for calculating discount, loading, or no adjustment Discount, loading, or no adjustment To decide whether a levy payer gets a discount or loading or no adjustment, the Corporation must,— (a) first, use the applicable one of the formulas in sub- clauses (2) and (3) or subclauses (4) to (6); and second, use the result of the formula as described in subclause (7), (8), or (9).
(b) Formula if levy payer in 1 levy risk group If the Corporation’s application of the schedule results in a levy payer being in 1 levy risk group, the formula is— levy x adjustment.
In the formula in subclause (2),— (a) levy means the section 167(4)(a) levy payable by the levy payer in the applicable levy year: 13 (2) 11 12 (1) (2) (3) Part 2 r 12 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 (b) adjustment means the sum of the industry size modi- fication and the experience rating modification for the applicable levy risk group.
Formula if levy payer in 2 or more levy risk groups If the Corporation’s application of the schedule results in a levy payer being in 2 or more levy risk groups, the formula is— total levy x weighted adjustment.
In the formula in subclause (4),— (a) total levy means the total reached by adding up all the section 167(4)(a) levy paid or payable by the levy payer in the applicable levy year according to each levy risk group that the levy payer is in: (b) weighted adjustment means the result of the following formula: total adjustments for experience period total levy for experience period.
In the formula in subclause (5)(b),— (a) total adjustments for experience period means the total reached by doing the following: (i) for each levy risk group that the levy payer is in, multiplying the section 167(4)(a) levy paid or payable by the levy payer in the experience period by the sum of the industry size modifica- tion and the experience rating modification; and adding up the results of the calculations in sub- paragraph (i): levy for experience period means the total total reached by adding up all the section 167(4)(a) levy paid or payable by the levy payer in the experience period according to each levy risk group that the levy payer is in.
(ii) (b) Result of formula If the result is a negative number, the Corporation must apply a discount equivalent to the negative number to the sec- tion 167(4)(a) levy payable by the levy payer in the applicable levy year.
(4) (5) (6) (7) 14 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Part 2 r 13 (8) (9) 13 (1) (2) (3) (4) the Corporation must If the result is a positive number, apply a loading equivalent to the positive number to the sec- tion 167(4)(a) levy payable by the levy payer in the applicable levy year.

If the result is zero, the Corporation must not apply a discount or a loading to the section 167(4)(a) levy payable by the levy payer in the applicable levy year.
Industry size modification The Corporation must calculate the industry size modification using the following formula: industry peers – levy peers levy peers × weighting.
In the formula in subclause (1),— (a) industry peers means the experience rate of the applic- able industry peer group calculated using the formula in subclauses (3) and (4): levy peers means the experience rate of the whole group that is in the same levy risk group as the applicable in- dustry peer group calculated using the formula in sub- clauses (5) and (6): weighting means the weighting calculated using the formula in subclauses (7) and (8).
(b) (c) Industry peers The Corporation must calculate the experience rate of the ap- plicable industry peer group using the following formula: compensation days earnings.
In the formula in subclause (3),— (a) compensation days means the total number of weekly compensation days in the claims activity period for the qualifying claims of the levy payers in the applicable industry peer group in the experience period, but with any qualifying claim exceeding 365 days being counted as 365 days: 15 Part 2 r 13 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 (b) earnings means the total of the liable earnings of the levy payers in the applicable industry peer group in the experience period.
Levy peers The Corporation must calculate the experience rate of the whole group that is in the same levy risk group as the applic- able industry peer group using the following formula: compensation days earnings.
In the formula in subclause (5),— (a) compensation days means the total number of weekly compensation days in the claims activity period for the qualifying claims of the whole group in the applicable levy risk group in the experience period, but with any qualifying claim exceeding 365 days being counted as 365 days: earnings means the total of the liable earnings of the whole group in the applicable levy risk group in the experience period.
(b) Weighting The Corporation must calculate the weighting using the fol- lowing formula: industry peer group earnings risk group earnings.

In the formula in subclause (7),— (a) industry peer group earnings means the total of the liable earnings of the levy payers in the applicable in- dustry peer group in the experience period: risk group earnings means the total of the liable earn- ings of the whole group in the applicable levy risk group in the experience period.
(b) Regulation 13(4)(a): amended, on 22 July 2011, by regulation 6(1) of the Accident Compensation (Experience Rating) Amendment Regulations 2011 (SR 2011/213).

Regulation 13(6)(a): amended, on 22 July 2011, by regulation 6(2) of the Accident Compensation (Experience Rating) Amendment Regulations 2011 (SR 2011/213).
(5) (6) (7) (8) 16 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Part 2 r 15 14 (1) (2) 15 (1) (2) (3) Industry size modification: when result of calculation must be disregarded If the industry size modification calculated using the formula in regulation 13 is greater than 0.15, the Corporation must dis- regard the result and treat the industry size modification as 0.15.
If the industry size modification calculated using the formula in regulation 13 is less than –0.15, the Corporation must disre- gard the result and treat the industry size modification as –0.15.

Experience rating modification The Corporation must calculate the experience rating modifi- cation using the following formula: [(rehabilitation component × 0.75) + (risk management component × 0.25)] × off-balance adjustment.
In the formula in subclause (1),— (a) (b) (c) rehabilitation component means the rehabilitation component calculated using the formula in subclauses (4) to (11): risk management component means the risk manage- ment component calculated using the formula in sub- clauses (12) to (19): off-balance adjustment means the adjustment that is— required to ensure that the aggregate value of dis- (i) counts equals the aggregate value of loadings to be applied to section 167(4)(a) levies payable by levy payers in the applicable levy year; and applied as described in subclause (20).
(ii) Weighting for use in calculating rehabilitation component and risk management component For the weighting referred to in subclauses (5)(c) and (13)(c), the Corporation must either calculate it using the formulas in paragraphs (a) to (h) or use the weighting in paragraph (i), as follows: (a) if the liable earnings of the levy payer in the experience period are $2,000,000 or less, the weighting is the result of— 17 Part 2 r 15 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 liable earnings 5% × √ $2,000,000: if the liable earnings of the levy payer in the experi- ence period are over $2,000,000 and equal to or under $5,000,000, the weighting is the result of— 5% + {5% ×√ liable earnings − $2,000,000 $3,000,000}: if the liable earnings of the levy payer in the experi- ence period are over $5,000,000 and equal to or under $10,000,000, the weighting is the result of— 10% + {5% ×√ liable earnings − $5,000,000 $5,000,000}: if the liable earnings of the levy payer in the experi- ence period are over $10,000,000 and equal to or under $20,000,000, the weighting is the result of— 15% + {5% × √ $10,000,000}: liable earnings − $10,000,000 if the liable earnings of the levy payer in the experi- ence period are over $20,000,000 and equal to or under $50,000,000, the weighting is the result of— 20% + {10% ×√ $30,000,000}: liable earnings − $20,000,000 if the liable earnings of the levy payer in the experi- ence period are over $50,000,000 and equal to or under $100,000,000, the weighting is the result of— 30% + {10% ×√ $50,000,000}: liable earnings − $50,000,000 if the liable earnings of the levy payer in the experi- ence period are over $100,000,000 and equal to or under $200,000,000, the weighting is the result of— (b) (c) (d) (e) (f) (g) 18 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Part 2 r 15 40% + {10% ×√ $100,000,000}: liable earnings − $100,000,000 if the liable earnings of the levy payer in the experi- ence period are over $200,000,000 and equal to or under $1,350,000,000, the weighting is the result of— 50% + {50% ×√ $1,150,000,000}: liable earnings − $200,000,000 if the liable earnings of the levy payer in the experience period are over $1,350,000,000, the weighting is 100%.
(h) (i) Rehabilitation component The Corporation must calculate the rehabilitation component using the following formula: (payer’s rate – payers’ rate) payers’ rate × weighting.
In the formula in subclause (4),— (a) payer’s rate means the experience rate of the levy payer for the applicable levy risk group calculated using the formula in subclauses (6) and (7): payers’ rate means the experience rate of the levy payers in the applicable industry peer group calculated using the formula in subclauses (8) and (9): weighting means the weighting provided by subclause (3).
(b) (c) The Corporation must calculate the experience rate of the levy payer for the applicable levy risk group using the following formula: compensation days earnings.
In the formula in subclause (6),— (a) compensation days means the total number of weekly compensation days in the claims activity period for the qualifying claims of the levy payer in the experience period, but with any qualifying claim exceeding 365 days being counted as 365 days: 19 (4) (5) (6) (7) Part 2 r 15 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 (8) (9) (b) earnings means the total of the levy payer’s liable earn- ings in the experience period.
The Corporation must calculate the experience rate of the levy payers in the applicable industry peer group using the follow- ing formula: compensation days earnings.
In the formula in subclause (8),— (a) compensation days means the total number of weekly compensation days in the claims activity period for the qualifying claims of the levy payers in the applicable industry peer group in the experience period, but with any qualifying claim exceeding 365 days being counted as 365 days: earnings means the total of the liable earnings of the levy payers in the applicable industry peer group in the experience period.
(b) (10) (11) Rehabilitation component: when result of calculation must be disregarded If the rehabilitation component calculated using the formula in subclauses (4) to (9) is greater than 0.35, the Corporation must disregard the result and treat the component as 0.35.

If the rehabilitation component calculated using the formula in subclauses (4) to (9) is less than –0.35, the Corporation must disregard the result and treat the component as –0.35.
Risk management component (12) The Corporation must calculate the risk management compo- nent using the following formula: (payer’s rate – payers’ rate) payers’ rate × weighting.
(13) In the formula in subclause (12),— (a) payer’s rate means the experience rate of the levy payer for the applicable levy risk group calculated using the formula in subclauses (14) and (15): 20 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Part 2 r 15 (b) (c) payers’ rate means the experience rate of the levy payers in the applicable industry peer group calculated using the formula in subclauses (16) and (17): weighting means the weighting provided by subclause (3).
(14) The Corporation must calculate the experience rate of the levy payer for the applicable levy risk group using the following formula: claims and deaths earnings.
(15) In the formula in subclause (14),— (a) claims and deaths means the sum of— (i) the number of the qualifying claims of the levy payer in the experience period for which the Cor- poration paid an amount greater than $500 in the claims activity period for qualifying costs of treatment; and the number of the qualifying claims of the levy payer in the experience period involving the death of a current or former employee of the employer or the death of the private domestic worker: (ii) (b) earnings means the total of the levy payer’s liable earn- ings in the experience period.
(16) The Corporation must calculate the experience rate of the levy payers in the applicable industry peer group using the follow- ing formula: claims and deaths earnings.
(17) In the formula in subclause (16),— (a) claims and deaths means the sum of— (i) the number of the qualifying claims of the levy payers in the applicable industry peer group in the experience period for which the Corporation paid an amount greater than $500 in the claims activity period for qualifying costs of treatment; and 21 Part 2 r 16 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 (ii) the number of the qualifying claims of the levy payers in the applicable industry peer group in the experience period involving the death of a current or former employee of an employer or the death of a private domestic worker: (b) earnings means the total of the liable earnings of the levy payers in the applicable industry peer group in the experience period.
Risk management component: when result of calculation must be disregarded If the risk management component calculated using the for- mula in subclauses (12) to (17) is greater than 0.35, the Cor- poration must disregard the result and treat the component as 0.35.

If the risk management component calculated using the for- mula in subclauses (12) to (17) is less than –0.35, the Cor- poration must disregard the result and treat the component as –0.35.
Off-balance adjustment (18) (19) (a) (20) The Corporation must apply the off-balance adjustment by,— first, calculating the off-balance adjustment for the ap- plicable non-industry peer group; and second, applying the off-balance adjustment to each levy payer in the applicable non-industry peer group in proportion to the unadjusted experience rating modifi- cation for the levy payer.
(b) Regulation 15(7)(a): amended, on 22 July 2011, by regulation 7(1) of the Accident Compensation (Experience Rating) Amendment Regulations 2011 (SR 2011/213).

Regulation 15(9)(a): amended, on 22 July 2011, by regulation 7(2) of the Accident Compensation (Experience Rating) Amendment Regulations 2011 (SR 2011/213).
Experience rating modification: when result of calculation must be disregarded If the experience rating modification calculated using the for- mula in regulation 15 is greater than 0.35, the Corporation must disregard the result and treat the experience rating modi- fication as 0.35.
16 (1) 22 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Part 3 r 18 (2) 17 18 (1) (2) (3) (4) (5) (6) If the experience rating modification calculated using the for- mula in regulation 15 is less than –0.35, the Corporation must disregard the result and treat the experience rating modifica- tion as –0.35.
Applying grouping for this Part If the Corporation’s exercise of its grouping power in regula- tion 18 makes a group that is a levy payer, the Corporation must— (a) apply this Part to the group to decide whether to make an adjustment as described in regulation 3(3) and, if it is to make an adjustment, whether the adjustment is to be up or down; and apply the decision to each levy payer in the group; and invoice each levy payer in the group individually.
(b) (c) Part 3 Powers needed to make system work Grouping levy payers This regulation applies to the situations of levy payers on 1 April and empowers the Corporation to group the levy payers for the applicable levy year starting on that date.

If levy payers are companies that are associated persons under section YB 2 of the Income Tax Act 2007, the Corporation may group the companies as 1 levy payer.
If levy payers are companies and persons other than companies that are associated persons under section YB 3 of the Income Tax Act 2007, the Corporation may group the companies and persons as 1 levy payer.

If levy payers are trustees of trusts that are associated persons under section YB 7 of the Income Tax Act 2007, the Corpor- ation may group the trustees as 1 levy payer.
If levy payers are trustees of trusts and settlors of the trusts that are associated persons under section YB 8 of the Income Tax Act 2007, the Corporation may group the trustees and settlors as 1 levy payer.
If levy payers are partnerships and partners in the partnerships that are associated persons under section YB 12 of the Income 23 Part 3 r 19 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 (7) (8) (9) (10) Tax Act 2007, the Corporation may group the partnerships and partners as 1 levy payer.

If levy payers are persons who are associated persons under section YB 14 of the Income Tax Act 2007, the Corporation may group the persons as 1 levy payer.
In applying the relevant section of the Income Tax Act 2007, the Corporation must disregard references in it to any of sec- tions YB 4, YB 5, YB 6, YB 9, and YB 11 of the Income Tax Act 2007.

If a levy payer submits tax returns that cover the levy payer’s employees and the employees of another levy payer as if they were the levy payer’s employees, the Corporation may group the levy payers as 1 levy payer.
If the Corporation’s application of this regulation results in a levy payer being in 2 or more groups, the Corporation must decide the group in which to put the levy payer, having regard to the following: (a) which group has the greatest influence over the levy payer’s workplace safety; and (b) which group exerts the greatest management or other control over the levy payer’s workplace.
(11) The Corporation must not group levy payers solely on the ground that the levy payers are under the control of the Crown or have shareholding Ministers.

19 (1) Attributing information about earnings and claims This regulation applies to information about a levy payer’s liable earnings and qualifying claims.

(2) When a levy payer transfers all or part of its business as a going concern, the Corporation must attribute the information to the transferee.
(3) When levy payers amalgamate, the Corporation must attribute the information to the amalgamated levy payer.

(4) When a levy payer ceases to carry out an activity for which all or part of the levy was paid, the Corporation must continue to attribute the information to the levy payer.

(5) When a levy payer leaves a group of levy payers, the Corpor- ation must attribute the information to the levy payer.
24 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Part 3 r 22 (6) When a levy payer that is part of a group ceases to operate, the Corporation must attribute the information to the group.

This regulation does not apply if the transfer, amalgamation, or ceasing was effected before 1 April 2011.
(7) 20 (1) (2) (3) 21 (1) (2) (3) 22 (1) Disregarding arrangements The Corporation may disregard an arrangement made for the purpose, or that has the effect, of altering, directly or indirectly, the result of the application of regulations 8 to 17 to the levy payer.

The Corporation may disregard an arrangement made for the purpose, or that has the effect, of avoiding being placed in a group, or in a particular group, under regulation 18.
The Corporation may disregard an arrangement made for the purpose, or that has the effect, of avoiding the application of regulation 19 to the levy payer.

Using and disclosing information This regulation applies to a levy payer who is an employer.
For the purposes of applying these regulations to the levy payer, the Corporation may use information it holds about a claim made by a current or former employee of the levy payer, whether the claim was made before the claimant became an employee or while the claimant was an employee.

The Corporation may disclose to the levy payer any informa- tion about a claim made by a current or former employee of the levy payer that the Corporation uses for the purposes of applying these regulations to the levy payer.
Collecting information The Corporation may require a levy payer to— (a) provide the information the Corporation needs to apply regulation 18 or 19 to the levy payer: confirm or deny the correctness of information that the Corporation holds about the levy payer and proposes to use to apply regulation 18 or 19 to the levy payer.
(b) (2) The Corporation may specify— 25 Part 3 r 23 Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 (a) (b) the form in which the levy payer must respond to the requirement: the period within which the levy payer must respond to the requirement.

If the levy payer does not respond to the requirement in the form and time specified, the Corporation may use the infor- mation it holds about the levy payer to apply the regulation to the levy payer.
Declaring adverse event The Minister may declare that an event is an adverse event for the purposes of these regulations.

The Minister must make the declaration by publishing a notice in the Gazette.

Part 1 or 2 applies to a qualifying claim resulting directly or indirectly from the adverse event only if the person whose levy is affected contributed materially to the injury for which the qualifying claim is made.
(3) 23 (1) (2) (3) Part 4 Transitional provision 24 Minimum liable earnings for tax years in experience (1) period for levy year 2011/12 For the levy year starting on 1 April 2011 and ending with the close of 31 March 2012, experience period means the period consisting of— (a) the tax year starting on 1 April 2007 and ending with the close of 31 March 2008; and the tax year starting on 1 April 2008 and ending with the close of 31 March 2009; and the tax year starting on 1 April 2009 and ending with the close of 31 March 2010.
(b) (c) (2) Minimum liable earnings for the experience period defined in subclause (1) are as follows: (a) for the tax year beginning on 1 April 2007 and ending with the close of 31 March 2008, $19,760: for the tax year beginning on 1 April 2008 and ending with the close of 31 March 2009, $21,320: (b) 26 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule (c) for the tax year beginning on 1 April 2009 and ending with the close of 31 March 2010, $23,400.
Schedule Levy risk groups r 6 Levy risk groups 010 Fruit, vegetable, grain, plant and crop growing Classification units 01110 Nursery production 01111 Turf growing 01120 Floriculture production 01130 Vegetable growing 01140 Grape growing 01150 Apple and pear growing 01160 Stone fruit growing 01170 Kiwifruit growing 01180 Olive growing 01190 Fruit and tree nut growing (not elsewhere classified) 01191 Citrus fruit growing 01192 Berry fruit growing 01210 Grain growing 01690 Crop growing (not elsewhere classified) 01692 Mushroom growing 01410 Poultry farming (meat) 01420 Poultry farming (eggs) 012 Poultry farming 014 Other livestock farming 01510 Pig farming 01530 Deer farming 01590 Livestock farming (not elsewhere classified) 01593 Beekeeping 016 Beef and sheep farming 01220 Grain and sheep or grain and beef cattle farming 01230 Sheep and beef cattle farming 01240 Sheep farming 01250 Beef cattle farming 27 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 018 Dairy cattle farming 01300 Dairy cattle farming 021 Agriculture and fishing services and aquaculture 02190 Agriculture and fishing support services (not elsewhere classified) 03021 Forest product and moss gathering and processing 04210 Offshore aquaculture 04220 Onshore aquaculture 025 Ocean and coastal fishing 04110 Rock lobster and crab fishing or potting 04120 Prawn fishing 04130 Fish trawling, seining, and netting (including processing on board) 04150 Line fishing (including processing on board) 04190 Fishing (not elsewhere classified) 041 Forestry, hunting and trapping 02200 Hunting and trapping 03010 Forestry 03020 Logging 03030 Forestry support services (excluding tree cutting and felling) 02120 Shearing services 051 Shearing 081 Exploration and mining 11010 Coal mining 13110 Iron ore mining 13140 Gold ore mining 13150 Mineral sand mining 13170 Silver, lead, and zinc ore mining 13190 Metal ore mining (not elsewhere classified) 14110 Gravel and sand quarrying 14190
 Construction material mining (not elsewhere classified) 14200 Mining and quarrying (not elsewhere classified) 15110 Petroleum and natural gas exploration 28 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups 110 Sugar, confectionery and crisps manufacturing, and packaging Classification units 15130 Mineral exploration 15200 Mining support services (not elsewhere classified) 21710 Sugar manufacturing 21720 Confectionery manufacturing 21795 Potato crisps and corn crisps manufacturing 78670 Packaging services 112 Primary produce processing and manufacturing 21130 Cured meat and smallgoods manufacturing 21210 Milk and cream processing 21220 Ice cream manufacturing 21290 Cheese and other dairy product manufacturing (not elsewhere classified) 113 Bread and baking ingredients 21520 Cereal, pasta, and baking-mix manufacturing 114 Food and animal feeds manufac- turing 116 Fruit, vegetable, and oil process- ing 117 Seafood, poultry and grain prod- uct manufacturing 119 Meat processing manufacturing 21610 Bread manufacturing (factory-based) 21620 Cake and pastry manufacturing (factory-based) 21630 Biscuit manufacturing (factory-based) 21740 Prepared animal and bird feed manufacturing 21790 Food product manufacturing (not elsewhere classified) 21300 Fruit and vegetable processing 21400 Oil and fat manufacturing 21120 Poultry processing 21510 Grain mill product manufacturing 21730 Seafood processing (other than on board vessels) 21110 Meat processing 121 Beverage and tobacco product 21810 Soft drink, cordial, and syrup manufacturing manufacturing 21820 Beer manufacturing 29 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 21830 Wine and alcoholic beverage manufacturing (not elsewhere classified) 21840 Spirit manufacturing 21900 Cigarette and tobacco product manufacturing 131 Textile and rubber product manu- 22210 Cut and sewn
 textile product facturing manufacturing 22290 Textile finishing and textile product manufacturing (not elsewhere classified) 22390 Knitted product manufacturing 22420 Clothing manufacturing 22500 Footwear manufacturing 22620 Leather and leather substitute goods manufacturing 25510 Tyre manufacturing 25590 Natural rubber product manufacturing 133 Textile and textile product manu- 22120 Synthetic textile manufacturing facturing 22140 Natural textile manufacturing 22220 Textile floor covering manufacturing 22230 Rope, cordage, and twine manufacturing 22110 Wool scouring 22611 Leather tanning, fellmongery, and fur dressing 23210 Veneer and plywood manufacturing 23230 Wooden structural fittings and components manufacturing 23290 Wood product manufacturing (not elsewhere classified) 29190 Prefabricated wooden building manufacturing 45310 Timber wholesaling 52592 Firewood, coal, and coke retailing 23110 Log sawmilling 135 Skin and hide processing 141 Wood products manufacturing and dealing 143 Timber processing 30 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 151 Paper and paper product manu- facturing 153 Paper product and wood panel manufacturing 23120 Wood chipping 23130 Timber resawing and dressing 23310 Pulp, paper, and paperboard manufacturing 23330 Corrugated paperboard and paperboard container manufacturing 23340 Paper bag and sack manufacturing 24110 Paper stationery manufacturing 23220 Reconstituted wood product manufacturing 23390 Converted paper product manufacturing (not elsewhere classified) 23391 Sanitary paper product manufacturing 161 Printing and associated services 24120 Printing 171 Petroleum, gas and inorganic chemical products 173 Petroleum and chemical products (medium-risk group) 181 Organic chemicals and chemical products 24130 Printing support services 12000 Oil and gas extraction 25100 Petroleum refining and petroleum fuel manufacturing 25320 Industrial gas
 manufacturing 25350 Basic inorganic chemical manufacturing 65010 Pipeline transport 25200 Petroleum and coal product manufacturing (not elsewhere classified) 25310 Fertiliser manufacturing 25330 Synthetic resin and synthetic rubber manufacturing 25360 Basic polymer manufacturing (not elsewhere classified) 25340 Basic organic chemical manufacturing 25410 Explosives manufacturing 25420 Paint and coatings manufacturing 31 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 25490 Basic chemical product manufacturing (not elsewhere classified) 25491 Adhesive manufacturing 25430 Human pharmaceutical and medicinal product manufacturing 25431 Veterinary pharmaceutical and medicinal product manufacturing 25440 Pesticide manufacturing 25450 Cleaning compound manufacturing 25460 Cosmetic and toiletry preparation manufacturing 25610 Rigid and semi-rigid polymer product manufacturing 25630 Polymer film and sheet packaging material manufacturing 25650 Polymer foam product manufacturing 25661 Polymer product manufacturing (not elsewhere classified) 26100 Glass and glass product manufacturing 26210 Clay brick manufacturing 26310 Cement and lime manufacturing 26320 Plaster and gypsum product manufacturing 26350 Concrete product manufacturing 26400 Non-metallic mineral product manufacturing (not elsewhere classified) 26290 Ceramic product manufacturing (not elsewhere classified) 26330 Ready-mixed concrete manufacturing 27210 Alumina production 27220 Aluminium smelting 183 Pharmaceutical product manufacturing and chemical 191 Plastic products 201 Ceramic, glass and non-metallic products 203 Mineral products 211 Non-ferrous metals and products manufacturing 32 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 27230 Copper, silver, lead, and zinc smelting and refining 27290 Basic non-ferrous metal manufacturing (not
 elsewhere classified) 27320 Basic non-ferrous metal product manufacturing (not elsewhere classified) 27330 Non-ferrous metal casting and forging 27110 Iron smelting and steel manufacturing 27120 Iron and steel casting 27121 Iron and steel forging 27130 Steel pipe and tube manufacturing 27510 Metal container manufacturing (not elsewhere classified) 27620 Spring and wire product manufacturing 84330 Modern Apprenticeship Co-ordinators employing apprentices 213 Iron and steel manufacturing 220 Metal product manufacturing and trade training 222 Aluminium and metal products 27310 Aluminium rolling, drawing, 224 Sheet metal products and extruding 27420 Architectural aluminium product manufacturing 27630 Nut, bolt, screw, and rivet manufacturing 45220 Metal and mineral wholesaling 27430 Metal roof and guttering manufacturing (except aluminium) 27590 Sheet metal product manufacturing (except metal structural and container products) 226 Metal products (medium-risk 27640 Surface coating and finishing group) 27690 Fabricated metal product manufacturing (not elsewhere classified) 33 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 27692 Boiler, tank and other heavy-gauge metal container manufacturing 29110 Prefabricated metal building manufacturing 228 Structural metal industries 27410 Structural steel fabricating 231 Aviation, electronic and elec- 28240 Aircraft manufacturing and 27490 Structural metal product manufacturing (not elsewhere classified) trical manufacturing repair services 28490 Electronic equipment manufacturing (not elsewhere classified) 28510 Domestic appliance manufacturing (not elsewhere classified) 28511 Whiteware appliance manufacturing 28540 Electric lighting equipment manufacturing 28590 Electrical equipment manufacturing (not elsewhere classified) 233 Automotive and transport manu- 28110 Motor vehicle manufacturing facturing 28130 Automotive electrical components
 manufacturing 28190 Motor vehicle parts manufacturing (not elsewhere classified) 28290 Transport equipment manufacturing (not elsewhere classified) 28210 Shipbuilding and ship repair services (any vessel 50 tonnes displacement or over) 28220 Boatbuilding and boat repair services (all vessels under 50 tonnes displacement) 28520 Electric cable and wire manufacturing 235 Shipbuilding 237 Boatbuilding 241 Machinery and equipment manu- facturing (lower-medium risk group) 34 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 28630 Food and other industry-specific machinery and equipment manufacturing (not elsewhere classified) 28640 Machine tool and parts manufacturing 28650 Lifting and material-handling equipment manufacturing 28660 Pump and compressor manufacturing 28670 Fixed space heating, cooling, and ventilation equipment manufacturing 243 Machinery and equipment manu- 28120 Motor vehicle body and trailer facturing (medium-risk group) manufacturing 28230 Railway rolling stock manufacturing and repair services 28610 Agricultural machinery and equipment manufacturing 28620 Mining and construction machinery manufacturing 28690 Machinery and equipment manufacturing (not elsewhere classified) 29220 Metal furniture manufacturing 78621 Labour supply services (on-hired staff—non-office work—including up to 30% office work) 251 Manufacturing (low-risk group) 24300 Reproduction of recorded media 28310 Photographic, optical, and ophthalmic equipment manufacturing 28320 Medical and surgical equipment and prosthetics manufacturing 28390 Professional and scientific equipment manufacturing (not elsewhere classified) 28410 Computer and electronic office equipment manufacturing 28420 Communications equipment manufacturing 35 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 253 Furniture and other manufactur- ing
 29410 Jewellery and silverware manufacturing 29210 Wooden furniture and upholstered seat manufacturing 29230 Mattress manufacturing 29290 Furniture manufacturing (not elsewhere classified) 29420 Toy, sporting, and recreational product manufacturing 29490 Manufacturing (not elsewhere classified) 261 Electricity generation and supply 36102 On-selling electricity and electricity market operation 36103 Energy and services utilities operation (excluding construction, maintenance and plant operation) 36110 Fossil fuel electricity generation 36120 Hydroelectricity generation 36130 Electricity generation (not elsewhere classified) 271 Non electricity utilities and net- 36101 Electricity line-system operation work infrastructure 36200 Gas supply 37010 Water supply 37020 Sewerage and drainage services 41221 Utility network construction and maintenance services 96340 Waste treatment and disposal services 96350 Solid waste collection services 96370 Waste remediation and materials recovery services 96380 Waste collection services (not elsewhere classified) 41120 Residential building construction (not elsewhere classified) 41130 Non-residential building construction 41110 House construction 291 Waste services 301 Other building construction 303 House construction 36 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 311 Road and bridge construction 41210 Road and bridge construction 313 Heavy and civil engineering con- struction 41220 Heavy and civil engineering construction (not elsewhere classified) 315 Land development services 41222 Land development and subdivision 42100 Site preparation services 320 Agricultural, plumbing and 45190 Agricultural product homeware goods wholesaling wholesaling (not elsewhere classified) 45391 Plumbing goods wholesaling 47320 Furniture and floor coverings wholesaling 47390 Kitchenware and diningware wholesaling 321 Electrical services 42320 Electrical services
 (including telecommunication services within buildings) 322 Heating, ventilation and alarm 42330 Air conditioning and heating services services 323 Plumbing and building comple- tion services 42341 Fire and security alarm installation services 42310 Plumbing services 42592 Building completion services—all trades subcontracted 324 Painting and decorating services 42440 Painting and decorating services 326 Construction and building trade services 42101 Hire of construction machinery and cranes with operator 42210 Concreting services 42342 Building installation services (not elsewhere classified) 42410 Plastering and ceiling services 42420 Carpentry services 42430 Tiling and carpeting services 42450 Glazing services 42510 Landscape construction services 42590 Construction services (not elsewhere classified) 37 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 95250 Gardening and turf management services 328 Structural trade services 42220 Bricklaying services 331 Petroleum product and specialty wholesaling 333 Grocery and produce wholesal- ing 42230 Roofing services 42240 Structural steel erection services 45210 Petroleum product wholesaling (including product ownership to retail point-of-sale) 46120 Professional and scientific goods wholesaling 46130 Computer and computer peripherals wholesaling 46160 Telecommunication goods wholesaling 47920 Jewellery and watch wholesaling 47930 Toy and sporting goods wholesaling 47991 Wholesaling—commission- based or excluding storage and handling of goods 45120 Cereal grain wholesaling 47150 Fruit and vegetable wholesaling 47190 Grocery wholesaling (not elsewhere classified) 47191 Grocery wholesaling—multiple product ranges 341 Electrical and electronic goods 46150 Electrical and electronic goods wholesaling 343 Specialised machinery equipment wholesaling 345 Hardware goods wholesaling 351 Vehicle and machinery wholesal- ing 361 Fish, meats and
 dairy produce wholesaling 38 wholesaling (not elsewhere classified) and 46190 Food and other specialised industrial machinery and equipment wholesaling 45390 Hardware goods wholesaling (not elsewhere classified) 46110 Agricultural and construction machinery wholesaling 46220 Commercial vehicle wholesaling 47110 Meat, poultry, and smallgoods wholesaling 47130 Dairy produce wholesaling Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 47140 Fish and seafood wholesaling 371 Wholesale trade (low-risk group) 45111 Wool wholesaling 45230 Industrial and agricultural chemical product wholesaling 46210 Car wholesaling 47170 Liquor and tobacco product wholesaling 47210 Textile product wholesaling 47220 Clothing and footwear wholesaling 47940 Book and magazine wholesaling 47950 Paper product wholesaling 47960 Pharmaceutical and toiletry goods wholesaling 47990 Wholesaling (not elsewhere classified) 53110 Car retailing (including associated vehicle servicing) 373 Other wholesaling 391 Car retailing 393 Motor trade wholesaling and re- 46221 Trailer and motor vehicle tailing 395 Motor trade services wholesaling (not elsewhere classified) 46230 Motor vehicle new-part wholesaling 52450 Marine equipment retailing 53120 Motor cycle retailing (including associated vehicle servicing) 53130 Trailer and motor vehicle retailing (not elsewhere classified) 53140 Motor vehicle parts retailing 53210 Petroleum fuel retailing (including associated vehicle servicing) 46240 Motor vehicle dismantling and used-part wholesaling 53240 Tyre retailing 411 Food retailing 21640 Bakery product manufacturing (non-factory based) 51100 Supermarket and grocery stores 51210 Fresh meat, fish, and poultry retailing 39 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 420 Pharmacies and associated retail- ing 51220 Fruit and vegetable retailing
 51230 Liquor retailing 51290 Specialised food retailing (not elsewhere classified) 52510 Pharmaceutical, cosmetic, and toiletry goods retailing 95220 Photographic film processing 422 Clothing and footwear retailing 52210 Clothing retailing 52220 Footwear retailing 424 Retail trade (low-risk group) 52350 Entertainment media retailing 52410 Sport and camping equipment retailing 52430 Newspaper and book retailing 52460 Stationery goods retailing 52540 Flower retailing 52550 Watch and jewellery retailing 52560 Personal accessories retailing (not elsewhere classified) 52591 Craft and gift retailing (not elsewhere classified) 71111 Retail postal services 95110 Video and other electronic media rental and hiring 426 Retail group) trade (low-medium risk 52100 Department stores 52340 Electrical, electronic, and gas appliance retailing 52341 Computer and computer peripherals retailing 52342 Electrical and electronic goods retailing (not elsewhere classified) 52420 Toy and game retailing 52590 Store-based retailing (not elsewhere classified) 52230 Manchester and textile goods retailing (not elsewhere classified) 52310 Furniture retailing 52320 Floor covering retailing 428 Store and non-store retailing 40 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 52330 Hardware and building supplies retailing 52331 Houseware retailing 52520 Antique and used goods retailing 52530 Garden supplies retailing 52595 Non-store retailing 52597 Retail commission-based buying or selling (or both) 441 Hospitality services 57100 Accommodation 451 Catering and meal services 51250 Takeaway food services 57200 Pubs, taverns, and bars 57400 Clubs (hospitality) 51270 Catering services 57300 Cafes and restaurants 461 Road passenger and rail transport 61210 Interurban and rural bus transport 61220 Urban bus transport 61230 Taxi and road transport (not elsewhere classified) 62000 Rail freight transport 62100 Rail passenger
 transport 463 Road freight transport 61100 Road freight transport 491 Air transport and support ser- 64010 Air transport under Civil vices 493 Air operations (higher-risk group) Aviation Rules Part 121, 125, or 129 66300 Airport operations and air transport support services (not elsewhere classified) 02130 Air operations under Civil Aviation Rules Part 137 64040 Air operations under Civil Aviation Rules Part 133 or 135 64050 Air operations under Civil Aviation Rules Parts 101, 103, 104, 105, or 106 501 Water and scenic transport 63010 Coastal or international water transport (vessels over 45 metres length and 500 tonnes displacement) 41 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 63020 Coastal or international water transport (vessels 45 metres length and under, or 500 tonnes displacement and under) 63030 Inland water transport (except passenger-only) 63031 Water passenger transport (river, lake, or harbour) 66230 Port and water transport terminal and marina operations 66290 Water transport support services (not elsewhere classified) 66500 Scenic and sightseeing transport (excluding aviation) 511 Postal and courier services 71110 Postal services 521 Travel, customs and shipping 66410 Travel agency and tour 71120 Courier pick-up and delivery services agency services arrangement services 66440 Customs and shipping agency services (excluding handling of goods) 523 Other transport and transport ser- 65090 Transport (not elsewhere vices classified) 66190 Transport support services (not elsewhere classified) 66420 Freight forwarding services 525 Stevedoring 66210 Stevedoring services 531 Warehousing and storage 67010 Grain storage services 67090 Warehousing and storage services (not elsewhere classified) 24211 Newspaper publishing 24221 Magazine and other periodical publishing 24230 Book publishing 24231 Publishing (not elsewhere classified) (except software, music, and Internet)
 24232 Internet publishing and broadcasting 541 Publishing 42 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 581 Communications and informa- tion services 621 Finance, insurance and statistical services 24233 Directory and mailing-list publishing 24234 Music publishing 24235 Software publishing 71200 Wired telecommunications network operation 71210 Wireless telecommunications network operation (not elsewhere classified) 71230 Telecommunications services (not elsewhere classified) 71240 Internet service providers and web search portals 78310 Data processing and web-hosting services 78320 Electronic information storage services 92110 Information services (not elsewhere classified) 73100 Central banking 73210 Banking 73220 Building society operation 73230 Credit union operation 73290 Depository financial intermediation (not elsewhere classified) 73300 Non-depository financing 73400 Financial asset investing 74110 Life insurance 74120 Superannuation funds 74210 Health insurance 74220 General insurance 75110 Financial asset broking services 75190 Auxiliary finance and investment services (not elsewhere classified) 75200 Auxiliary insurance services 78530 Market research and statistical services 43 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 641 Financial and rental services 77300 Non-financial assets leasing and investment 77301 Holder investor farms and livestock 77410 Passenger car and minibus rental and hiring 95190 Goods and equipment rental and hiring (not elsewhere classified) 661 Transport and machinery rental 77420 Motor vehicle and transport services equipment rental and hiring (not elsewhere classified) 77430 Heavy machinery and scaffolding rental and hiring 671 Real estate services 77200 Real estate services 673 Property development and oper- ation 77110 Residential property operators and
 developers (excluding construction) 77120 Non-residential property operators and developers (excluding construction) 691 Advertising and photographic 78510 Advertising services services 693 Design and engineering services 78210 Architectural services 95230 Professional photographic services 695 697 78220 Surveying and mapping services 78230 Engineering design and engineering consulting services 78520 Specialised design services (not elsewhere classified) 78100 Scientific research services Scientific research services Scientific and veterinary services 78290 Scientific testing and analysis services 78291 Professional, scientific, and technical services (not elsewhere classified) 86400 Veterinary services 701 Computer services 78340 Computer systems design and 720 Legal services related services 78410 Legal services 721 Accounting services 78420 Accounting services 44 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 723 Management and consulting ser- 78550 Management advice and related vices 724 Business support services consulting services 78560 Corporate head office management services 61231 Taxi and other vehicle scheduling operations 78610 Employment placement and recruitment services (no on-hired staff) 78620 Labour supply services (on-hired staff—office workers only) 78630 Document preparation services 78691 Credit reporting and debt collection services 78692 Call centre operation 84700 Educational support services 726 Administrative services 78540 Office administrative services 728 Labour supply services (medium-risk group) 78693 Administrative services (not elsewhere classified) 78622 Labour supply services (on-hired staff—both office and non-office work—minimum 30% office work) 751 Government administration 81110 Central government administration (not elsewhere classified) 81300 Foreign government representation 753 Local government, public order 81130 Local government and
 regulatory services administration (not elsewhere classified) 96360 Public order and safety services (not elsewhere classified) 96400 Regulatory services (licensing and inspection) (not elsewhere classified) 755 Justice 81200 Justice 761 Defence Police services 771 773 87292 Parole or probationary services 82000 Defence 96310 Police services Inspection, investigation and se- curity services 21111 Meat and food inspection services 45 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 78640 Investigation and security services 775 Corrective services 96320 Correctional and detention services 777 Fire and emergency services 96330 Fire protection and other emergency services (except police and ambulance services) 801 Primary and secondary education 84210 Primary education 811 Tertiary education 821 Community and arts education 84220 Secondary education 84230 Combined primary and secondary education 84240 Special-school education 84310 Higher education (undergraduate and postgraduate courses) 84320 Technical and vocational education and training 84400 Adult, community, and other education (not elsewhere classified) 84600 Arts education 841 Hospital and midwifery services 86110 Hospitals (except psychiatric hospitals) 86120 Psychiatric hospitals and psychiatric services (not elsewhere classified) 86132 Midwifery services 851 Medical and optical services 86210 General practice medical services 86220 Specialist medical services 86320 Optometry and optical dispensing 853 Dental services 86230 Dental services 855 Health and community services 86310 Pathology and diagnostic imaging services 86340 Community health centre operation 86350 Physiotherapy services 86360 Chiropractic and osteopathic services 86390 Allied health services (not elsewhere classified) 46 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 861
 Preschool education and child care 86391 Health care services (not elsewhere classified) 87222 Residential refuge operation 84100 Preschool education 87100 Child care services 863 Medical and social support ser- 86131 Labour supply services (nursing, vices 865 Aged and residential care and ambulance services 901 Entertainment broadcasting and distribution medical, and dental) 87290 Social assistance services (not elsewhere classified) 86130 Aged care residential services 86330 Ambulance services 87210 Retirement village operation (without rest home or hospital facilities) 87211 Retirement village operation (with rest home or hospital facilities) 87220 Residential care services (not elsewhere classified) 91120 Motion picture and video distribution 91210 Radio broadcasting 91220 Free-to-air television broadcasting 91230 Cable and other subscription programming 92100 Libraries and archives 903 Entertainment and performing 91110 Motion picture and video arts production 91111 Post-production services and other motion picture and video activities (not elsewhere classified) 91130 Motion picture exhibition 92410 Performing arts operation 92420 Creative artists, musicians, writers, and performers 92510 Music and other sound recording activities (not elsewhere classified) 47 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Levy risk groups Classification units 911 Sporting and recreational activ- ities (lower-risk group) 92520 Performing arts venue operation 93220 Casino operation 93111 Horse and dog racing administration and track operation 93120 Sports and physical recreation venues, grounds, and facilities operation 93130 Health and fitness centres and gymnasia operation 93171 Sport and physical recreation—community rugby league 93184 Sport and physical recreation—softball or baseball 93186 Sport and physical recreation—swimming 93187 Sport and physical recreation—tennis 93188 Sport and physical recreation—water skiing 93190 Sport
 and physical recreation—community (not elsewhere classified) 93192 Sport and physical recreation—boating or yachting 93193 Sport and physical recreation—cycling 93195 Sport and physical recreation—golf 93199 Sport and physical recreation—netball 93300 Amusement parks and centres operation 913 Recreational facilities operation 92310 Zoological and botanic gardens 915 Sporting and recreational activ- ities (medium-risk group) operation 92390 Nature reserve and conservation park operation 84500 Sports and physical recreation instruction 93112 Dog racing activities 48 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Schedule Levy risk groups Classification units 917 Equine and sporting activities (medium-high risk group) 919 Equine and sporting activities (high-risk group) 93170 Sport and physical recreation—community rugby 93182 Sport and physical recreation—snow skiing 93185 Sport and physical recreation—squash or badminton 01520 Horse farming and horse agistment 93113 Horse racing activities—harness racing 93115 Horse racing activities—harness racing—drivers 93174 Sport and physical recreation—community cricket 93175 Sport and physical recreation—professional sport (not elsewhere classified) 93194 Sport and physical recreation—professional cricket 93198 Sport and physical recreation—motor racing 93400 Amusement and other recreation activities (not elsewhere classified) 93110 Horse racing activities—thor- oughbred and other (not elsewhere classified) 93114 Horse racing activities—thor- oughbred racing—jockeys 93180 Sport and physical recreation—professional rugby 93181 Sport and physical recreation—professional rugby league 93196 Sporting and recreational equine activities (not elsewhere classified) 93197 Sport and physical recreation—motor cycling 921 Museums and gambling activ- 92200 Museum operation ities 93210 Lottery operation 49 Schedule Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July
 2011 Levy risk groups Classification units 941 Repair and maintenance (low- risk group) 943 Repair and maintenance (medium-risk group) 945 Facilities maintenance and man- agement 93290 Gambling activities (not elsewhere classified) 52620 Clothing and footwear repair 52690 Repair and maintenance (not elsewhere classified) 78330 Electronic (except domestic appliance) and precision equipment repair and maintenance 28680 Machinery and equipment repair and maintenance (not elsewhere classified) 52610 Domestic appliance repair and maintenance 53220 Automotive electrical services 53230 Automotive body, paint, and interior repair and maintenance 53290 Automotive repair and maintenance (not elsewhere classified) 78650 Pest control services (except agricultural and forestry) 78660 Cleaning services and facilities management (not elsewhere classified) 951 Business and community organ- 96100 Religious organisations and isations services 96210 Business and professional association services 96220 Labour association services 96290 Interest group services (not elsewhere classified) 66110 Parking services 95240 Funeral, crematorium, and cemetery services 95260 Hairdressing and beauty services 95270 Diet and weight-reduction centre operation 95290 Personal services (not elsewhere classified) 953 Personal and community activ- ities 50 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Levy risk groups Classification units 95300 Brothel-keeping, massage parlour and prostitution services 96291 Community-based, multi-functional activities (not elsewhere classified) 97000 Private households employing staff 955 Laundries and dry cleaners 95210 Laundry and dry-cleaning services Rebecca Kitteridge, Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 3 March 2011.


51 Notes Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Accident Compensation (Experience Rating) Regulations 2011.
The reprint incorporates all the amendments to the regulations as at 22 July 2011, as speci- fied in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 5 Notes 1 2 3 52 Reprinted as at 22 July 2011 Accident Compensation (Experience Rating) Regulations 2011 Notes are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 53 • • • • Notes Accident Compensation (Experience Rating) Regulations 2011 Reprinted as at 22 July 2011 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
List of amendments incorporated in this reprint (most recent first) Accident Compensation (Experience Rating) Amendment Regulations 2011 (SR 2011/213) Wellington, New Zealand: Published under the authority of the New Zealand Government—2011 5 12 54